Saturday, July 5, 2014

Mixed Reactions on Proposed Rules for Ohio Guardians

Judges, advocates and attorneys in Ohio cannot seem to agree on how to fix a broken system meant to protect the elderly and disabled from abuse and exploitation.

The subject of a yearlong Dispatch investigation, the rules for adult guardianships in Ohio are largely left up to individual county probate courts to decide. The Dispatch series, “Unguarded,” revealed that a lack of oversight has allowed some attorneys and family members entrusted to care for the state’s most vulnerable residents to take their dignity, money and freedom.

Despite an outcry from lawmakers and advocates to create changes, the Ohio Supreme Court received conflicting opinions on a draft set of rules that would strengthen the requirements for guardians. In general, judges and attorneys who serve as guardians argued against the rules, while advocates and those who work with volunteer guardians called for quick adoption of the rules and wanted them to be even stronger.

Such differing opinions contributed to delays in drafting the rules, leaving Ohio as one of the few states without a uniform system for overseeing guardianship.

The draft rules would, for the first time, require guardians in Ohio to:
• Meet personally with their wards at least twice a year.
• Undergo a criminal-background check (but not a financial check).
• File an annual report on the health and care of the ward. (Some Ohio counties require a report only every two years.)
• Avoid conflicts of interest and not serve as a direct-care provider for the ward unless authorized by the court.
• Undergo a minimum of six hours of training before serving as a guardian for the first time and attend three hours of training per year thereafter.

Full Editorial and Source:
Reactions Mixed on Proposed Rules for Guardians

See Also:
Columbus Dispatch "Unguarded" Series Page With Links to All Reports
Thousands of Ohio’s most vulnerable residents are trapped in a system created to protect them but instead allows unscrupulous guardians to rob them of freedom, dignity and their money. Even judges who oversee the system acknowledge that it is broken and allowing harm to innocent people. Anyone could end up in this system that currently controls the lives of 65,000 Ohioans. And almost anyone can become a guardian — even a felon.

3 comments:

  1. I continue to thank the Columbus Dispatch for their in depth series on guardianship abuse and I know some good legislation will get through despite the opposition.

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  2. wow wow wow thank you Columbus dispatch you nailed it in the end the bottom line is way too much court discretion no uniformity within ohio or any of the 49 states its a free for all all by design i recall reading that legislation wont fix the problems well thats 1/2 true the problem with good laws drafted in good faith is drum roll ````` being disregarded by the judges using court discretion leaving the outraged party no recourse but to hire retain a lawyer to tell the court drum roll `````````` hey judge look at this statute that was not followed for how much
    $ __,______.00? while many lawyers draaaaaaaag out the case intentionally why? drum roll ```````````for billing purposes or fear of retaliation from the big boys in the bar which will affect their standing meaning less cases to being black balled legislation is imperative for a base of rules the court must follow without that there is no hope boomers are already in the system so beware younger boomers you will be funding team guardianship with your ira life savings income into their pockets and to fund the state agencies not only in ohio but in all 50 states and beyond our borders no where to run to escape

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  3. I agree with jerri's comment.

    I suggest following the tracks of the players who oppose any changes to better protect the good innocent citizens of Ohio.

    "....In general, judges and attorneys who serve as guardians argued against the rules. ...."

    What is happening in Ohio x the other 49 is correct.

    Did anyone ask the National Association To Stop Guardian Abuse org for their opinion?

    And we can tell you why those who are in opposition including the judges who are enabling the abuses are doing so if anyone cares to ask or get to the bottom, to the truth.

    HINT: Follow the $$$$ and the votes.

    I am not at all surprised that those who are in control of and benefiting from and profiting are dug in for the same old same old all by design for profit and job security.

    "....Despite an outcry from lawmakers and advocates to create changes, the Ohio Supreme Court received conflicting opinions on a draft set of rules that would strengthen the requirements for guardians. In general, judges and attorneys who serve as guardians argued against the rules, while advocates and those who work with volunteer guardians called for quick adoption of the rules and wanted them to be even stronger....."

    PS I LOOOOVE THE COLUMBUS DISPATCH THANK YOU THANK YOU THANK YOU

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